Western Australian Repealed Acts

This legislation has been repealed.

MEDICAL ACT 1894 - SECT 13

13 .         Inquiries into, and striking off and suspension of, medical practitioner

        (1)         Where it appears to the Board that a medical practitioner, not being a body corporate, may be —

            (a)         guilty of infamous or improper conduct in a professional respect;

            (b)         affected by a dependence on alcohol or addiction to any deleterious drug;

            (c)         guilty of gross carelessness or incompetency;

            (d)         guilty of not complying with or contravening a condition or restriction imposed by the Board with respect to the practice of medicine by that medical practitioner; or

            (e)         suffering from physical or mental illness to such an extent that his or her ability to practise as a medical practitioner is or is likely to be affected,

                the Board may allege to the State Administrative Tribunal that disciplinary action should be taken against the medical practitioner for that reason.

        (2)         Where it appears to the Board that a medical practitioner or a person who is a member of a body corporate that is registered as a medical practitioner under this Act has been convicted of an offence in this State or elsewhere that in the opinion of the Board renders that person, or would, if that person were a medical practitioner, render that person, unfit to practise as a medical practitioner the Board may allege to the State Administrative Tribunal that disciplinary action should be taken against the medical practitioner for that reason.

        (2a)         Instead of making an allegation to the State Administrative Tribunal, if the Board is of the opinion that the nature of the matter might not warrant a proceeding before the Tribunal it may send the matter, and any material or report relating to the matter, to the professional standards committee.

        (2b)         Sending a matter to the professional standards committee under subsection (2a) does not prevent the Board from making an allegation about it to the State Administrative Tribunal if the committee advises the Board to do so.

        (3)         The State Administrative Tribunal may, on dealing with an allegation under subsection (1)(a), (b), (c) or (d) —

            (a)         order the removal of the name of the medical practitioner from the register;

            (b)         order that the registration of the medical practitioner be suspended for such period not exceeding 12 months as is specified in the order;

            (c)         impose a fine not exceeding $10 000;

            (d)         reprimand the medical practitioner.

        (3a)         The State Administrative Tribunal may, on dealing with an allegation under subsection (1)(e) —

            (a)         order the removal of the name of the medical practitioner from the register;

            (b)         order that the registration of the medical practitioner be suspended; or

            (c)         impose restrictions or conditions or both on the practice of medicine by the medical practitioner.

        (3b)         The State Administrative Tribunal may, on dealing with an allegation under subsection (2) —

            (a)         order the removal of the name of the medical practitioner from the register; or

            (b)         order that the registration of the medical practitioner be suspended.

        (4)         Notwithstanding subsection (3) or (3b), the State Administrative Tribunal may, in lieu of making an order under subsection (3)(a) or (b) or (3b), require the medical practitioner to give a written undertaking to the Board to be of good behaviour for such period as the Tribunal thinks fit and to comply, during that period, with such restrictions or conditions, or both, if any, relating to the practice of medicine and training for that practice as the Tribunal thinks fit.

        (5)         If, under subsection (2a), the Board sends a matter to the professional standards committee, the committee may, if —

            (a)         it has given the medical practitioner the option of having the matter dealt with before the State Administrative Tribunal and the medical practitioner has not chosen that option by notice in writing to the committee; and

            (b)         it has given the medical practitioner an opportunity to make submissions about the matter,

                make an order described in subsection (6), otherwise it has to advise the Board to make an allegation to the State Administrative Tribunal or to take no further action.

        (6)         The orders that a professional standards committee may make are —

            (a)         that the Board reprimand the medical practitioner;

            (b)         that the medical practitioner pay to the Board a fine of an amount not exceeding $5 000 specified in the order;

            (c)         that the Board impose restrictions or conditions or both on the practice of medicine by the medical practitioner; or

            (d)         a combination of the orders described in paragraphs (a) to (c).

        (6a)         The Board has to act according to any advice that the professional standards committee gives the Board under subsection (5) and has to give effect to an order that the professional standards committee makes under subsection (6), and a fine that the professional standards committee imposes under subsection (6) is recoverable in a court of competent jurisdiction as a debt due to the Board.

        [(6b)-(6e)         repealed]

        (6f)         Where the Board receives a report that the physical or mental health of a medical practitioner is affected to such an extent that his or her ability to practise as a medical practitioner is affected or is likely to be affected the Board may, and where an allegation is made to the State Administrative Tribunal under subsection (1)(e) the Tribunal may, direct the medical practitioner to submit himself or herself within the time specified in the direction to an examination by —

            (a)         1 medical practitioner appointed by the body giving the direction and 1 medical practitioner nominated by the medical practitioner in question; or

            (b)         if the medical practitioner in question fails to nominate a medical practitioner for the purposes of paragraph (a), by 2 medical practitioners appointed by the body giving the direction.

        [(6g)         repealed]

        (6h)         Where a medical practitioner fails to submit himself or herself for examination pursuant to subsection (6f) within the time specified by the Board or the Tribunal, the registration of the medical practitioner shall by force of this subsection be suspended until —

            (a)         the medical practitioner submits himself or herself for examination as directed by the Board or the Tribunal; and

            (b)         the Board or the Tribunal has received reports from each of the medical practitioners who have conducted the examination as required by subsection (6f).

        (7)         Upon the making of an order of suspension of registration and during the period specified in such order the name of the medical practitioner concerned shall be deemed to be erased from the Register and he shall for the period aforesaid be deemed not to be a medical practitioner within the meaning of this Act.

        (8)         Any person who is or was registered as a medical practitioner and who is aggrieved by any decision of the Board or the professional standards committee, other than a decision to make or advise the making of an allegation to the State Administrative Tribunal, may apply to the State Administrative Tribunal for a review of the decision.

        (9)             (a)         Subject to subsection (9a), any person whose name has been erased from the Register may at intervals of 12 months apply to the Board for the restoration of his name to the Register, and all the provisions of this Act relating to application for registration shall with such adaptations as may be necessary apply to an application for restoration aforesaid.

            (b)         Subject to subsections (9a), (9b) and (9ba), on the expiration of a period of suspension of registration the name of the person concerned shall be deemed automatically to be restored to the Register, and his rights and privileges as a medical practitioner shall thereupon be revived.

        (9a)         Where —

            (a)         the Board orders the restoration to the Register of the name of a person pursuant to subsection (9)(a) or subsection (9c); or

            (b)         the name of a person is deemed automatically to be restored to the Register pursuant to subsection (9)(b),

                the Board may, in either case, impose any conditions which it thinks necessary to impose in the public interest limiting or otherwise qualifying or affecting the manner in or places at which that person may practise, and may from time to time either of its own motion or on application by the person, vary or revoke any condition so imposed.

        (9b)         Where, pursuant to this Act, an order has been made suspending the registration of a person as a medical practitioner and the Board is of opinion that, having regard to the conduct or state of health of that person during the period of suspension, he ought not to be permitted to resume practice upon the expiration of the period of his suspension, the Board may order that the period of suspension be extended for a period of not more than 30 days specified in the order.

        (9ba)         If the Board makes an order under subsection (9b) (an interim order ) it is required to refer the making of the order to the State Administrative Tribunal, within 14 days after the order is made, and the State Administrative Tribunal may affirm or revoke the interim order or order that —

            (a)         the period of suspension be extended for such further period not exceeding 12 months, as the Tribunal thinks fit; or

            (b)         the name of that person be removed from the Register immediately upon the expiration of the period of suspension.

        (9bb)         A person against whom an interim order is made may apply to the State Administrative Tribunal for a review of the interim order.

        (9c)         Notwithstanding any other provision of this Act, where a person is not qualified for registration under this Act as amended but that person has been registered as a medical practitioner in the State and has had his name removed from or erased from the register pursuant to section 10, 13 or 16A, the Board may, in its discretion, allow the name of that person to be restored to the register.

        (9d)         The Board, the professional standards committee, or the State Administrative Tribunal may exercise its powers under this section in relation to any matter referred to in subsection (1)(a), (b), (c) or (d) notwithstanding the fact that at the time that it does so the person concerned has ceased to be registered as a medical practitioner.

        [Section 13 inserted by No. 22 of 1945 s. 10; amended by No. 10 of 1955 s. 3; No. 43 of 1966 s. 5; No. 70 of 1976 s. 6; No. 28 of 1981 s. 5; No. 28 of 1984 s. 61; No. 70 of 1985 s. 13; No. 55 of 2004 s. 729.]